Cases in which restraint orders and charging orders may be made
18.—(1)  The powers conferred on the General Division of the High Court by section 19(1) to make a restraint order and by section 20(1) to make a charging order are exercisable where —
(a)proceedings have been instituted against the defendant for a drug dealing offence or a serious offence, as the case may be;
(b)the proceedings have not been concluded; and
(c)the General Division of the High Court is satisfied that there is reasonable cause to believe that benefits have been derived by the defendant from drug dealing or from criminal conduct, as the case may be.
[21/2014; 40/2019]
(2)  Those powers are also exercisable where the General Division of the High Court is satisfied —
(a)that a person has been informed under section 23(1) of the Criminal Procedure Code 2010 that the person may be prosecuted for a drug dealing offence or a serious offence, as the case may be; or
(b)that investigation for a drug dealing offence or a serious offence (as the case may be) having been commenced against a person, the person dies or cannot be found or is outside the jurisdiction,
and that there is reasonable cause to believe that benefits have been derived by that person from drug dealing or from criminal conduct, as the case may be.
[15/2010; 21/2014; 40/2019]
(3)  The General Division of the High Court may exercise the powers conferred by section 19(1) despite any other written law prohibiting any dealing with any realisable property.
[2/2012; 40/2019]
(4)  For the purposes of sections 19 and 20, at any time when those powers are exercisable before proceedings have been instituted —
(a)references in this Act to the defendant are to be construed as references to the person mentioned in subsection (2); and
(b)references in this Act to realisable property are to be construed as if, immediately before that time, proceedings had been instituted against the person mentioned in subsection (2) for a drug dealing offence or a serious offence, as the case may be.
[21/2014]
(5)  Where the General Division of the High Court has made an order under section 19(1) or 20(1) by virtue of subsection (2), the General Division of the High Court is to discharge the order if the proposed proceedings are not instituted within such time as the General Division of the High Court considers reasonable and which must not in any event exceed a period of 3 months.
[15
[40/2019]
[S 784/2023]